Rethinking Algorithmic Explainability Through the Lenses of Intellectual Property and Competition

Algorithmic decision-making is integral to digital platforms, influencing user experiences and societal dynamics. This paper chapter scrutinizes algorithmic opacity, highlighting the inherent biases, the anti-competitive strategies that may result from dominant market power and the potential for discrimination within these systems. Despite the promise of objectivity, algorithms often operate under a veil of opacity, shaping content and information access, with significant implications for individual perspectives and societal functioning. The chapter explores the legal challenges posed by the protection of algorithms through the lenses of intellectual property rights and competition law. It calls for a multifaceted regulatory approach to ensure transparency. The analysis emphasises the need to balance innovation with competition and societal well-being, advocating for a right to explanation in the face of automated decisions within the European Union.